Petitioning for my kids under 21 with my second wife outside of US

[Pinkrlion 2,715]

12 minutes ago, Raimasyed said:

Makes sense thank you so much 

 

like I said I have seen lots of examples of this and cases being successful I was thinking of doing the application process on my own to save money but I guess I’ll just go to the attorneys that are well aware of this situation and pay the fees in case it’s better 

 

other than that I got my benefits through my brother 20 years ago and immigrated here with just my 1st wife and kids so I don’t think I got my naturalization through fraud or anything.

 

i don’t ever need to migrate my 2nd wife here just the kids and for that I’m certain that it’s not going to be too hard just need to prove the relationship 

thank you everyone 

I think you will have a problem when USCIS asks for your custody agreement from divorce court. 

[OldUser 6,608]

13 hours ago, SalishSea said:

With the bigamy issue, this is not a DIY.  You will have to spend money on legal help.

I think somebody recently had a similar question on Jim Hacking's immigration show and it really triggered the lawyer who is muslim himself... This would be a difficult case for sure.

[nastra30 2,284]

1 hour ago, nastra30 said:

Are you going to list both your spouses on the I-130 as currently married to both? 

Interested in how you'll answer this?

[Family 3,988]

1 hour ago, jan22 said:

The key to the issue is in the first sentence of the FAM quote — it only becomes an issue in the US or for immigration if the intent is to practice polygamy in the US.  That usually only has an effect if there is an attempt to immigrate the second spouse (e.g., immigrate spouse 1, divorce them, “remarry” spouse 2, immigrate them, all live happily together in US).  No divorce of spouse 2 is required, but there should no longer be a spousal relationship. Technically, if that relationship with spouse 2 is maintained on trips outside the US, and that can be proven, there might be an issue.  Just like “intent is decided at the border”  for other issues, once the immigrant visa is issued and the person is admitted to the US, and naturalized, it becomes very difficult to prove the intent to practice polygamy in the US.
 

None of this is an issue for any biological children involved.  If they are his biological children, regardless of whom the mother may be (former spouse, current spouse 2 with/without an ongoing spousal relationship, child from an adulterous relationship, born out-of-wedlock — whatever), he can petition for the child(ren) without repercussions.

 

OP, to answer your question, you will have to prove — as does any parent petitioning their child — the relationship between you and each child.

Thank you for the nuances …excellent comparison to the “ intentent is determined at the border”. So I guess one just keeps a straight face 

 

and denies ongoing “relations” w 2nd wife . …even when subsequent children are born to the left behind spouse. 

How interesting . 

[Raimasyed 0]

2 hours ago, Crazy Cat said:

Were you already naturalized when you married wife #2?

Yes I was..

 

[SalishSea 17,801]

6 hours ago, Raimasyed said:

Makes sense thank you so much 

 

like I said I have seen lots of examples of this and cases being successful I was thinking of doing the application process on my own to save money but I guess I’ll just go to the attorneys that are well aware of this situation and pay the fees in case it’s better 

 

other than that I got my benefits through my brother 20 years ago and immigrated here with just my 1st wife and kids so I don’t think I got my naturalization through fraud or anything.

 

i don’t ever need to migrate my 2nd wife here just the kids and for that I’m certain that it’s not going to be too hard just need to prove the relationship 

thank you everyone 

Great.  Nice predicament  to leave the 2nd wife in.   Probably also from a country where she can’t do anything to better her situation.

5 hours ago, nastra30 said:

Interested in how you'll answer this?

Great question!   

[Family 3,988]

10 hours ago, Raimasyed said:

Yes I was..

 

I am guessing the consults, will advise divorcing 2nd wife. …and I am inclined to think your friends/family members that went through the process also did the same. 
 

Link from a random immigration attorney site shows the position most take . 
 

Do update your post when you find out …it will help others 

 

https://www.eb5investors.com/qa/what-eb-5-rule-about-polygamic-marriage/#:~:text=The US law does not,negatively affect I-526 petition.

You cannot list both wives as dependents since it is against U.S. public policy. It would be advisable to pick which spouse you wish to qualify and divorce the other. Your last polygamic marriage should not negatively impact the favorable adjudication of your EB-5 Investor Petition on Form I-526.

Edited September 5 by Family

[Boiler 45,445]

Not uncommon for people to sponsor children born out of wedlock.